CCS Company beta testing end-user license agreement

This beta testing end-user license agreement is a legal agreement ("Agreement") between CCS Company and you, an individual or a company ("User"). This agreement covers all software, carriers, printed materials, data, files or information as well as any online or electronic documentation ("Software"), which are accompanied by this agreeement. This agreement has prevalence over any other agreements or terms, which accompany the Software.

Warning: SOFTWARE COVERED BY THIS BETA TESTING AGREMENT CAN CONTAIN ERRORS. MAIN PURPOSE OF BETA TESTING IS TO GET INFORMATION ABOUT THE QUALITY OF THE SOFTWARE AS WELL AS TO DISCOVER ERRORS. IT IS SUGGESTED THAT THE USER PROTECTS IMPORTANT DATA, ACTS WITH CAUTION AND IN NO WAY RELIES ON THE SOFTWARE AND/OR RELATED MATERIALS WORKING PROPERLY IF AT ALL.

Coming into effect
By setting the corresponding mark in the "I accept the terms of the agreement..." on the "Product testing" page, signing the printed copy of this Agreement, or installing, copying or using the Software in any other way, the User accepts the terms of this Agreement. If the user does not agree with any of the provisions or terms, do not download, order, use or open the Software or its cover. Contact CCS Company to return the Software and all accompanying materials at the expense of CCS Company.
User information
The User completely understands and agrees that he, whether officially requested or not, will have to provide CCS Company with sensible suggestions, comments as well as information concerning the Software including, but not limited to, usability, error descriptions and results of testing of the Software (which is covered by the term "Information"). According to the accepted terms and conditions of the Agreement, especially to the fact the User is obliged to provide Information, the User grants to CCS Company as a part of intellectual rights and property rights, the following world-wide, non-exclusive, unlimited, complete, royalty free, fully paid rights to:
(I) Creating, using, copying, changing, selling, distribution, sublicensing and creating of derived products based on Information about any of the products, technologies, technical specifications and other CCS Company documentation (separately and collectively called "CCS Company products");
(II) Broadcast, import, transmit over any information channels, distribute, license, put up, rent, lease and give away copies of Information (and derived products) as a part of CCS Company products;
(III) exclusively concerning the user copyrights and his trade secret rights, sublicense to third parties the above mentioned rights including the right of subsequent sublicensing to third parties;
(IV) Sublicense to third parties any provisions of any patents, which the User owns or have license to, which are used in the products, technologies or services of third parties, which use, interact with or communicate with the Information or its parts, contained in the Products, technologies or services of CCS Company.

Furthermore, the User confirms that Information received from the User is not a subject of any license agreements that would force CCS Company to adhere to some additional requirements concerning any CCS Company products, which contains any Information received from the User.
Licensing
According to the terms and conditions of this agreement, CCS Company provides the User with non-exclusive, non-transferable license (without rights to sublicense) to:
(I) Use the Software according to the Documentation for internal testing and evaluating purposes only, as well as to (II) copy the Software for archiving and backup purposes provided the legal titles, trademarks, copyrights and limited right statement are reproducted on these copies.
Limited license
Except where it is explicitly stated in this Agreement, the User can not:
(a) Change any Software or documentation or create any derived products, including translation or localization (code, entered in the published API is not a dervied product);
(b) Copy the Software, except if it is explicitly stated in this Agreement or other CCS Company documents;
(c) Split the Software licensed as a single product into separate parts;
(d) Sublicense the Software or allow its simultaneous usage by multiple users;
(e) Reverse engineer, decompile, parse or use any other method to extract the source code of any Software (to the extent possible under the law);
(f) Redistribute, complicate, sell, rent, lease, sublicense, use the Software on computers with multiterminal access operating in the timeshare mode or transfer rights to any Software in any other way. In no case you have right to transfer the Software;
(g) Delete or change any trademark, logotype, copyright and other private property notifications, labels, symbols or signs in the Product or Products;
(h) Transfer to third parties any results of control tests performed on any Software without prior consent of CCS Company;
(i) Use any Software on a system with a number of CPU exceeding the number of licenses, with the number of users exceeding the number of licenses, on a number of computers or computational devices exceeding the number of licenses, or with the number of programmers exceeding the number of licenses.
Technical support for beta tested products.
According to the terms of the license agreement, CCS Company is not obliged to provide technical support and does not guarantee that any faults or defects in the Software will be fixed.
Property rights and copyrights for Software
Legal title for the Software as well as all copies of the legal title are reserved by CCS Company and/or its suppliers. The Software is copyrighted and protected by RUSSIAN copyright laws and international treaties. The User cannot remove copyright statements from the Software. The User agrees to prevent any unauthorized copying of the Software. Except as explicitly defined by the Agreement, CCS Company does not provide to the user any direct or implied rights to CCS Company patents, copyrights, trademarks or trade secrets.
Confidential information
The accompanying Software is confidential information. The User does not disclose the Software or any comments related to the Software to third parties without prior written consent of CCS Company. The user protects the confidentiality of the Software at least as carefully as he protects its own confidential information and property rights, but with no less carefullness as reasonably expected. The User cannot be held liable for disclosing of Confidential information, which:
(a) is a public domain (unless it becomes such because of violations of the provisions of this Agreement by the User);
(b) was legally received from a third party without a liability to retain confidentiality;
(c) was legally known to the User without using or disclosing limitations before receiving information from CCS Company.;
(d) is a result of independent research conducted by employees of the User;
(e) was disclosed by CCS Company to third parties without disclosing limitations.
Termination
User rights for beta tested Software are void when the earliest of the following conditions are met: (a) CCS Company has released the first publicly available commercial version of the Software (b) Six months have passed since the User received the Software or any update to it. Any of the sides can terminate the Agreement at any moment with or without a reason by notifying the other side in writing. After the term has passed or the Agreement has been terminated, rights and licenses provided to the user by this Agreement are immediately void and the User must stop using the Software and return to the CCS Company (or, if CCS Company requested, destroy) the Software, Documentation and all other material objects owned or controlled by the User and belonging to CCS Company or containing confidential information.
Limitations of liability
Providing of any Software covered by this Agreement is experimental and in no way obliges CCS Company to continue developing, releasing, providing technical support, fix, sell or in any other way develop or provide the Software to the User or other parties.
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. CCS COMPANY AND ITS SUPPLIERS ARE IN NO WAY LIABLE FOR ANY LOSS (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INTERRUPTIONS OF COMMERCIAL ACTIVITIES, LOSS OF DATA), CAUSED BY USING OR FAILURE TO USE OF THE SOFTWARE EVEN IF CCS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Export limitations
The User understands tha this Software has been made in RUSSIA. The User agrees to comply with all applicable international and national laws related to this Software including RUSSIA export control rules as well as all limitations imposed by the government of RUSSIA and other governments regarding end users, end usage and destinations of the Software.
Completeness of Agreement
This agreement is a complete and exclusive agreement between CCS Company and the User regarding the subject of the agreement. It replaces all previous or simultaneous oral or written acts of communication, suggestions, declarations, understandings or agreements, which are not included into this Agreement. This Agreement can not be changed except as by a written amendment properly signed by an authorized representative of CCS Company and the User.

WWW: http://www.diskwritecopy.com
CONTACT CCS COMPANY: http://www.diskwritecopy.com/eng/contact_us.html